SB1898 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1898

 

Introduced 2/25/2005, by Sen. Dan Cronin

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.1   from Ch. 38, par. 11-9.1

    Amends the Criminal Code of 1961 relating to the offense of sexual exploitation of a child. Provides that a second or subsequent violation of a substantially similar law of another state is a Class 4 felony. Provides that if the victim of sexual exploitation of a child is under 13 years of age at the time of the commission of the offense, the offense is a Class 4 felony. Effective immediately.


LRB094 11228 RLC 41955 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1898 LRB094 11228 RLC 41955 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 11-9.1 as follows:
 
6     (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
7     Sec. 11-9.1. Sexual exploitation of a child.
8     (a) Any person commits sexual exploitation of a child if in
9 the presence of a child and with intent or knowledge that a
10 child would view his or her acts, that person:
11         (1) engages in a sexual act; or
12         (2) exposes his or her sex organs, anus or breast for
13     the purpose of sexual arousal or gratification of such
14     person or the child.
15     (a-5) A person commits sexual exploitation of a child who
16 knowingly entices, coerces, or persuades a child to remove the
17 child's clothing for the purpose of sexual arousal or
18 gratification of the person or the child, or both.
19     (b) Definitions. As used in this Section:
20     "Sexual act" means masturbation, sexual conduct or sexual
21 penetration as defined in Section 12-12 of this Code.
22     "Sex offense" means any violation of Article 11 of this
23 Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
24 12-16, or 12-16.2 of this Code.
25     "Child" means a person under 17 years of age.
26     (c) Sentence.
27         (1) Sexual exploitation of a child is a Class A
28     misdemeanor. A second or subsequent violation of this
29     Section or a substantially similar law of another state is
30     a Class 4 felony.
31         (2) Sexual exploitation of a child is a Class 4 felony
32     if the person has been previously convicted of a sex

 

 

SB1898 - 2 - LRB094 11228 RLC 41955 b

1     offense.
2         (3) Sexual exploitation of a child is a Class 4 felony
3     if the victim was under 13 years of age at the time of the
4     commission of the offense.
5 (Source: P.A. 91-223, eff. 1-1-00.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.